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Police Lacked Probable Cause to Search Rental Car Two Days After Shooting

In Commonwealth v. Korey Jordan, the Massachusetts Supreme Judicial Court ruled this week that police officers exceeded their authority in stopping a rental car that had been involved in a shooting two days earlier. (more…)
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Limited Scope of Searches “Incident to Arrest” Affirmed by SJC

When police officers make an arrest, they are permitted to search the person being arrested along with his immediate surroundings.  Such a procedure is called a “search incident to arrest.”  In United States v. Robinson, the United States Supreme Court ruled that the police may search for weapons, contraband, or evidence of a crime. ...
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Photos of Naked Children Found in Prisoner’s Cell were not Child Pornography

In an important ruling issued this week, the Massachusetts Supreme Judicial Court clarified the types of photographs that qualify as child pornography.  The defendant in Commonwealth v. Rex is a convicted rapist who is serving a state prison sentence.  In 2011, prison officials searched the defendant’s locker and discovered an envelope containing seven photocopies...
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Smell of Marijuana Does Not Allow Police to Search your Car

As a result of a 2008 ballot initiative, it is no longer a crime to possess less than one ounce of marijuana in Massachusetts.  The change in the law also changed the rules related to a police officer’s right to search your motor vehicle.  The Massachusetts Supreme Judicial Court ruled today in Commonwealth v....
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Too Drunk to Confess?

The Massachusetts Appeals Court recently considered whether a defendant’s confession to the police should be suppressed because of his level of drunkenness.  In Commonwealth v. Bigley, the police responded to a motor vehicle accident.  When they arrived, the police saw a motorcycle lying in the middle of the road and on fire. (more…)
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